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Request to Rezone 1857 Miller RoadPlanning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubucitte.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque sits refill! hVi -t0ii •4011 THE CITY 0 DUB Masterpiece on he Mississippi January 14, 2014 Applicant: Tom Henschel Location: 1857 Miller Road Description: To rezone property from R -1 Single - Family Residential to AG Agricultural zoning district. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion Commissioner Henschel removed himself from the table, and addressed the Commission as the applicant. He spoke in favor of the request, noting that if the existing agricultural structures in the R -1 district are lost to fire, they could not be rebuilt. Staff reviewed the staff report, surrounding zoning and land use, flood plain limits, and the location of the farm house and related agricultural buildings. Staff noted that the requested rezoning is consistent with the AG Agricultural zoning on three sides of the existing R -1 District. There were no public comments. The Zoning Advisory Commission discussed the request and felt it was appropriate. Recommendation By a vote of 4 to 0 with abstention by Commissioner Henschel, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Patrick Norton, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork THE CITY OF DUB Masterpiece on the Mississippi ❑Variance DConditional Use Permit ❑Appeal ❑Special Exception Limited Setback Waiver ezoning /PUD /ID Dubuque PLANNING APPLICATION FORM ❑Preliminary Plat DMajor Final Plat DMinor Final Plat ['Simple Site Plan ❑Minor Site Plan DMajor Site Plan ❑Simple Subdivision ❑Text Amendment ❑Temporary Use Permit DAnnexation ['Historic Revolving Loan ❑Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563 -589 -4210 Fax: 563 -589 -4221 planning(lo cityofdubuaue.orn ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability ❑Historic Designation ['Demolition in Conservation Districts ❑Port of Dubuque Design Review Please type or print legibly in ink Propertyowner(s): 2Z'o»t 3 /- geh) Phone: S47- c..S Z1 '3 City: ic,e/2(etLIF; State•Tj4 zip:t7o03 al 6 Address: ✓� 7 . 'E'" W,. Fax #: Cell #: S63- S . Applicant /Agent: Address: City: State: Zip: Fax #: Cell #:S'6 M ` A E -mail: /4-76, 1 �g?n ->7,91 . Site location /address: Neighborhood Association: Existing zoning: r ` ! Proposed zoning: /Ate® District: I� U Legal Description (Sidwell parcel ID# or lot number /block number /subdivision):— — ID I5-'0Z Total property (lot) area (square feet or acres): 1 Describe proposal and reason necessary (attach a letter of explanation, if needed): Landmark: ❑ Yes 1 ozZI ax) " - t L IZE 7 AnCegii~nra La f;1,4 egrarktlielg /34,00 -,reC CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): Applicant /Agent: Date: FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST Fee: 13G'- Received by: Date: /! `Z7 {3jocket: PILEitomasivi Path: H:IPlannin Services \EVB\ArcGISMa s \Vicinit Ma 1857Miller.mxd Base Data Provided by Dubuque County GIS 5 P Y P_ Masterpiece on the Mississippi Vicinity Map Applicants: Thomas L. Henschel Dubuque bintd AlJeiCa - Aaai 11111r 2007 . 2012 •2019 Location: 1857 Miller Road Parcel: 15 -02- 204 -010 & 15 -02- 129 -024 Description: To rezone from R -1, Single Family Residential zoning district, to AG, Agriculture zoning district. Legend 1857 Miller Road DISCLAIMER: This information was complied using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available. DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held Gable for any direct, indirect, Incidental, consequenti punitive. or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. at, 1:5,000 NORTH REZONING STAFF REPORT Zoning Agenda: January 8, 2014 Property Address: 1857 Miller Road (Parcel #15 -02- 204 -010 & 15 -02 -129 -024) Property Owner: Tom Henschel Applicant: Tom Henschel Proposed Land Use: Agricultural Proposed Zoning: AG Existing Land Use: Agricultural /Residential Existing Zoning: R -1 SF Residential Adjacent Land Use: Former Zoning: North — Vacant/residential East — Agricultural /flood plain South — Agricultural/flood plain West — Agricultural /flood plain 1934 — County AG 1975 —AG 1985 — AG Adjacent Zoning: North — R -1 East —AG South —AG West —AG Total Area: 1.5 acres Property History: The property was initially subdivided circa 1850 and a farm house and barn were built at this location in 1880. The property has been utilized for farming on and off until the present. Currently, there is a farm house and several outbuildings on the property. Physical Characteristics: The portion of the property to be rezoned is approximately 1.5 acres in area and takes access from a driveway at the western terminus of Miller Road. The property is relatively level and is located at the toe of a wooded bluff. The property currently accommodates a 2,300 square foot metal machine shed and a single - family farm house. Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area to remain agricultural and flood plain. Impact of Request on: Utilities: Existing utilities are adequate to serve the site, and the proposed rezoning should not impact them. Traffic Patterns /Counts: There are no traffic counts for Miller Road at this location. However, the rezoning should not increase the amount of vehicle trips generated from this property. Rezoning Staff Report m 1857 Mill Road Page 2 Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment as no development is currently proposed at this location and the use will remain unchanged. Adjacent Properties: The nearest residence to the subject property is approximately 300 feet away and is located at the top of the bluff. The adjacent residential properties are buffered by a wooded hillside. Therefore, the rezoning should not change the status quo of the subject lot and should have very limited impact on the adjacent residential properties. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone approximately 1.5 acres of an existing approximately 40 acre farmstead from R -1 Single- Family Residential to AG Agricultural district. Shifting the zoning district boundary north will incorporate the existing single - family farmstead and a machine shed into the adjacent agriculturally zoned farm property that includes six additional outbuildings. Currently, the machine shed is legally non - conforming in that an accessory building of this size and use is not permitted in an R -1 Single - Family Residential zoning district. Incorporating the machine shed and the farm house into the Agricultural District will bring the machine shed into conformity and will not affect the status of the farm house. The zoning change should not alter the current use of this property and should have very limited impact on the adjacent residential property as it is well removed in both distance and elevation, and is well buffered by a wooded hillside. Staff recommends the Board review Article 9.5 of the Unified Development Code regarding zoning reclassification. Prepared by: C ru.=A4.�� j Reviewed: Section 2 —Land Use Regulations Farm, field crops Farm, livestock Winery Seasonal sale of produce grown on site Article 5: Zoning Districts 5 -21 AG Agriculture The AG District is intended to conserve farm land for agricultural purposes and to serve as a "holding" zone to prevent the premature development of large land acreages and of recently annexed land for which the most appropriate future use has not yet been deter- mined. 5 -21.1 Prohibited Uses The following uses are prohibited in the AG district: 1. Feedlot 2. Livestock confinement operation 5 -21.2 Principal Permitted Uses The following uses are permitted in the AG district: 1. Farming and agriculture, including the raising of field crops and livestock, horticul- ture, forestry, animal husbandry, and similar farming activities 2. Noncommercial nursery 3. Railroad or public or quasi- public utility, including substation 5 -21.3 Conditional Uses The following conditional uses may be permitted in the AG district, subject to the provi- sions of Section 8 -5: 1. Kennel 2. Retail sale of agricultural products 3. Wind energy conversion system 4. Winery 5 -21.4 Accessory Uses The following uses may be permitted as accessory uses as provided in Section 3 -7: 1. Barbed wire or electric fences when used for livestock containment 2. Barn, shed or similar structure 3. Seasonal sale of produce grown on site 4. Single- family detached dwelling, provided it is located on a lot of 10 acres or more and is incidental and subordinate to an active agricultural use it serves 5. Wind turbine (building - mounted) 5 -21.5 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -21.6 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5 -21.7 Signs Signs shall be regulated in conformance with the provisions of Article 15. 11IECIlY0 DUB Section 2 —Land Use Regulations 5 -21.8 Bullc Regulations Reserved for future use te Property Line i Lot Width t o Lot Area L1J 1-Pc 14–Lot Frontage Street 111ECT'OF Dus Buildable A ea Iv* Street Article 5: Zoning Districts t Midpoint Height Shed Roof Midpoint Height 1 Gable or Hip Roof Deckline Height Mansard or Gambrel Roof fHighest Level Height Flat Roof Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org Tom Henschel 1857 Miller Rd Dubuque IA 52003 Dubuque All•AmericaCity II 2012 RE: City Council Public Hearing — Rezoning Request Dear Applicant: THE CITY OF Dui Masterpiece on the Mississippi October 3, 2013 The City Council will consider your request to rezone property located at 1857 Miller Road at a public hearing on Tuesday, January 21, 2014. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Kyle L. Kritz Associate Planner Enclosures cc: ,\( Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 ORDINANCE NO. 5 -14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1857 MILLER ROAD FROM R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT TO AG AGRICULTURAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Development Code, is hereby amended by reclassifying the hereinafter - described property from R -1 Single - Family Residential District to AG Agricultural District, to wit: Lot 2 of Henschel's Hidden Acres and a portion of Lot 1 of Double H Hidden Acres, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Attest: Passed, approved and adopted this 21st day of January, 2014. "17,4 Kev Firnstah , CitIerk OFFICIAL PUBLICATION ' ORDINANCE NO. 5-14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DU- BUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREIN- AFTER DESCRIBED PROPERTY ,LOCATED AT 1857 MILLER ROAD FROM R -1 SINGLE- FAMfLY RES- ' IDENTIAL DISTRICT i TO AG AGRICULTUR- AL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE [ CITY OF DUBUQUE, IO- WA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinan- ces,'the Unified Devel- opment Code, Is here- by amended by reclassifying the here- inafter-described prop- erty from R -1- Single- Family Residential Dis- trict to AG Agricultural District, to wit: Lot 2 of Henschel's Hidden Acres and a portion of Lot 1 of Dou- ble H Hidden Acres, and to the centerline of ' the adjoining public right -of -way, all In the City Of Dubuque, Iowa. ' Section 2. That the foregoing amendment has heretofore been reviewed, by the Zoning Advisory Commission • of the City of DubUque, Iowa: Section 3. This Ordi- nance shall take effect Immediately upon pub- lication, as provided by law. Passed, approved and adopted this 21st day of January, 2014. /s /Roy D. Buol, Mayor Attest://s/Kevin $. Firnstafil, City Clerk PUbllshed offiOlally In- the Telegraph Herald newspaper on the 24th day of January 2014. /s /Kevin S. Flrnstahl, City Clerk' 1t 1/24 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 24, 2014, and for which the charge is $15.05. PL.4 Subscribed to before me Notary Public in and for Dubuque County, Iowa, this a � day of , 20 /y�- . tary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2017 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning @cityofdubuque.org Tom Henschel 1857 Miller Rd Dubuque IA 52003 Dubuque butitel All-America ity '1I fiemerica , 2012 RE: City Council Public Hearing — Rezoning Request Dear Applicant: THE CITY OF Lui Masterpiece on the Mississippi _Dsteber 3, 201-3 The City Council will consider your request to rezone property located at 1857 Miller Road at a public hearing on Tuesday, January 21, 2014. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Kyle L. Kritz Associate Planner Enclosures cc: ` Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork CITY OF DUBUQUE, • IOWA OFFICIAL NOTICE NOTICE IS HEREBY GIVEN that the Dubu- que City Council will conduct a public hear- ing at a meeting to i commence at 6:30 p.m. on January 21, 2014, in the Historic Federal Building, 350 West 6th Street, on the follow- ing: Requests to Rezone Request by John & An- gie Long; Ron & Denise Reeg to rezone proper - ty at located at 1060 Edina (Parcels 10 -23 4477 -006 •& 10-23- 477 - 007) from R•1, Single Family Residential Zon- ing District, to R -2, Two- Family Residential Zoning District; ' Request by Thomas L. Henschel to rezone property located at 1857 Miller Road (Par- cel 15 -02- 204 -010 & 15- 02- 129 -024) from R -1, Single- Family Residen- tial Zoning District, to AG, Agriculture Zoning District. Written comments fe- garding the above pub- lic hearings may be submitted to the City Clerk's Office on or be- fore 'said time of public. hearing. At said time and place of public . hearings all Interested ,• citizens and parties 1 will be given an oppor- tunity to be heard for or against said actions. Copies of supporting documents for the pub - lic hearings are on file in the City Clerk's Of- fice and may be viewed during normal working hours. Any visual or hearing impaired persons needing special assis - tance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4100 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, CMC, City Clerk It 1 /10 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc„ an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 10, 2014, and for which the charge is $20.02. ,P64 Subscribed to before m- Notary Public in and for Dubuque County, Iowa, this ,e/a4- day of = �� , , 20 /7 . Notary Public in and for Du uque County, Iowa. MARY K. WESTERMEYER Commisslon Number 154885 My Comm. Exp. FEB, 1, 2017